Judge Won't Block Buyout of Damaged Land

Published 7:00 pm, Wednesday, January 22, 2003

A judge Thursday refused to block a federal buyout of salt-damaged farmland as requested by environmentalists who fear habitat restoration funds would be plundered to pay for the deal.

But U.S. District Court Judge Oliver Wanger gave the environmentalists five days to research whether he could attach conditions that would allow him to intervene if such funds were illegally spent.

Wanger must decide whether to approve a settlement reached last month in which the federal government would pay $107 million to San Joaquin Valley farmers for thousands of acres farmers say has been poisoned by salt.

The Natural Resources Defense Fund and other environmental groups claim the settlement contains language that allows the government to raid funds set aside for saving salmon and promoting wildlife conservation.

Government lawyers said there was no evidence those funds would be used.

While Wanger was willing to consider imposing conditions to the settlement, he said his only criteria for approving or rejecting the deal was whether it was fair and served the public's interest.

Under the settlement, the farmers would retire 34,000 acres, ending a long-running lawsuit between 100 landowners, the federal government and Westlands Water District, which provides water to the farmers.

The deal calls for Westlands, the nation's largest agricultural irrigation district at 600,000 acres, to pay $32 million to landowners.

The lawsuit arose from a court order requiring the federal government to drain the water it provides for irrigation, as it promised to do so in the 1950s.

Farmers who sued said the government didn't provide irrigation drainage, and as a result, some of their land became fallow when salt built up or certain areas had a high water table. The farmers claimed $400 million in damages.